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Phil Berger Jr.

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Phil Berger Jr.
Image of Phil Berger Jr.
North Carolina Supreme Court
Tenure

2021 - Present

Term ends

2029

Years in position

4

Prior offices
North Carolina Court of Appeals
Successor: Darren Jackson

Compensation

Base salary

$197,802

Elections and appointments
Last elected

November 3, 2020

Education

High school

Morehead High School, 1990

Bachelor's

University of North Carolina, Wilmington, 1994

Law

Wake Forest University School of Law, 1999

Personal
Birthplace
Danville, Va.
Religion
Christian: Baptist
Profession
Attorney
Contact

Phil Berger Jr. (Republican Party) is a judge of the North Carolina Supreme Court. He assumed office on January 1, 2021. His current term ends on January 1, 2029.

Berger (Republican Party) ran for election for judge of the North Carolina Supreme Court. He won in the general election on November 3, 2020.

To read more about judicial selection in North Carolina, click here.

Biography

Phil Berger Jr. was born in Danville, Virginia. Berger graduated from Morehead High School in 1990. He received a B.A. in history from the University of North Carolina at Wilmington in 1994 and a law degree from Wake Forest University School of Law in 1999.[1]

Berger worked as an administrative law judge with the North Carolina Office of Administrative Hearings in 2016 and co-founded the Berger Law Firm. He was elected to be the district attorney for Rockingham County, North Carolina in 2007 and re-elected in 2010. He served as a judge on the North Carolina Court of Appeals from 2017 to 2021. Berger was also a 2014 Republican candidate who sought election to the U.S. House to represent the 6th Congressional District of North Carolina.[2] He was defeated by Mark Walker in the runoff primary election on July 15, 2014.[3][4]

Elections

2020

See also: North Carolina Supreme Court elections, 2020

General election

General election for North Carolina Supreme Court

Phil Berger Jr. defeated Lucy N. Inman in the general election for North Carolina Supreme Court on November 3, 2020.

Candidate
%
Votes
Image of Phil Berger Jr.
Phil Berger Jr. (R)
 
50.7
 
2,723,704
Image of Lucy N. Inman
Lucy N. Inman (D)
 
49.3
 
2,652,187

Total votes: 5,375,891
Candidate Connection = candidate completed the Ballotpedia Candidate Connection survey.
If you are a candidate and would like to tell readers and voters more about why they should vote for you, complete the Ballotpedia Candidate Connection Survey.

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Democratic primary election

The Democratic primary election was canceled. Lucy N. Inman advanced from the Democratic primary for North Carolina Supreme Court.

Republican primary election

The Republican primary election was canceled. Phil Berger Jr. advanced from the Republican primary for North Carolina Supreme Court.

2016

See also: North Carolina judicial elections, 2016

Berger filed to run for a seat on the North Carolina Court of Appeals against incumbent judge Linda Stephens.[5] He faced Stephens in the November general election.

Election results

November 8 general election
Phil Berger Jr. defeated incumbent Linda Stephens in the general election for the North Carolina Court of Appeals, Stephens seat.
North Carolina Court of Appeals, Stephens seat, 2016
Candidate Vote % Votes
Green check mark transparent.png Phil Berger Jr. 50.25% 2,233,730
Linda Stephens Incumbent 49.75% 2,211,631
Total Votes (2,704 of 2,704: 100%) 4,445,361
Source: North Carolina State Board of Elections Official Results

2014

See also: North Carolina's 6th Congressional District elections, 2014

Berger ran in the 2014 election for the U.S. House to represent North Carolina's 6th District. No candidate secured more than 50 percent of the vote in the May 6, 2014, primary election. A runoff primary election was held between the top two candidates.[3] Berger lost to Mark Walker in the runoff primary on July 15, 2014.

U.S. House, North Carolina District 6 Republican Primary, 2014
Candidate Vote % Votes
Green check mark transparent.pngPhil Berger, Jr. 34.3% 15,127
Green check mark transparent.pngMark Walker 25.2% 11,123
Bruce VonCannon 11.5% 5,055
Zack Matheny 11.4% 5,043
Jeff Phillips 7.9% 3,494
Don Webb 4.3% 1,899
Mike Causey 3.2% 1,427
Kenn Kopf 1.2% 510
Charlie Sutherland 1% 458
Total Votes 44,136
Source: Results via the North Carolina State Board of Elections
U.S. House, North Carolina District 6 Runoff Republican Primary, 2014
Candidate Vote % Votes
Green check mark transparent.pngMark Walker 60.1% 18,849
Phil Berger, Jr. 39.9% 12,527
Total Votes 31,376
Source: 99% reporting, Results via Associated Press
Note: Vote totals above are unofficial and will be updated once official totals are made available.

Campaign themes

2020

Ballotpedia survey responses

See also: Ballotpedia's Candidate Connection

Phil Berger Jr. did not complete Ballotpedia's 2020 Candidate Connection survey.

2014

Berger listed the following issues on his campaign website:[6]

Ending Obamacare
I support the full repeal of Obamacare, and I will fight to make certain that doctors and patients - not government bureaucrats - control healthcare decisions. Congress should then implement market-based reforms that expand choice and make healthcare more affordable for hard-working Americans.

"When it comes to healthcare, he gets it – he understands Obamacare is a government infringement on constitutional liberties." Heather Higgins, president and CEO Independent Women's Voice

Government Waste & Spending
Washington cannot sustain the current level of spending or young Americans will bear an even greater burden of an ever expanding government. We must prioritize spending and fight for bigger savings for our children and grandchildren without raising taxes. It's time to cut government waste and spending.

"Phil Berger, Jr. demonstrates that he understands the problems of hard-working taxpayers nationwide, but especially the taxpayers of North Carolina." Grover Norquist, President Americans for Tax Reform

First Amendment
Our first amendment rights are under threat. Freedom of religion, freedom of speech and even freedom of the press are under assault. Americans are horrified to learn their government is spying on every aspect of their lives. It is time to respect the first amendment rights of our citizens and end these violations of our freedoms.

Second Amendment
As a gun owner and lifetime member in the NRA, I strongly support the Second Amendment and Americans' rights to own and carry firearms.

We don't need additional laws and regulations that prevent law-abiding Americans from possessing firearms. We should instead focus on enforcing existing laws while preserving the freedoms laid forth in our Constitution. That's what we've done in North Carolina and I was proud to advocate for passage of HB937, which was endorsed by the NRA and Grassroots NC.

Life
I am pro-life and believe human life is sacred. I'm proud of what has been accomplished here in North Carolina to protect the unborn and I'll take the same values to Washington.

Government Accountability
It is my belief that we must hold the current administration accountable for the events that have occurred under their watch. The terrorist acts in Benghazi that resulted in the killing of 4 Americans, the Fast and Furious scandal and other abuses from Eric Holder's Department of Justice are events that have not been resolved. My experience as a prosecutor will serve me in this role and I can ask the tough questions to get the truth in Washington to ensure the administration is held accountable to Congress and more importantly, the American people.

Education
I support reducing the control and the breadth of power of the Federal Government in our childrens' lives and increasing education choices for our children. Our country’s future will always be dependent upon the next generation and it is important that we supply them with the knowledge and tools to ensure success. I am actively involved in expanding school choice in North Carolina and I'm proud to sit on the NC Alliance for Public Charter Schools Board of Directors. http://www.ncpubliccharters.net/2013/03/24/nc-alliance-expands-and-strengthens-governing-board-for-charters/

Immigration
The number one issue concerning immigration is our nation's failure to secure the border. Despite multiple efforts by Congress to hold the executive branch accountable, we still lack the security needed at our borders. Until that problem is fixed, we cannot address the other real issues with our immigration system. I oppose so-called "pathways to citizenship" because it is simply a pathway to amnesty. We cannot keep rewarding the breaking of our laws with citizenship.

[7]

—Phil Berger, Jr., Phil Berger for Congress, "Issues," archived June 27, 2014

State supreme court judicial selection in North Carolina

See also: Judicial selection in North Carolina

The seven justices of the North Carolina Supreme Court are chosen through partisan elections. Justices are elected to eight-year terms and must face re-election if they wish to serve again.[8]

Qualifications

To serve on this court, a person must be licensed to practice law in North Carolina. There is a mandatory retirement age of 72 years.[9]

Chief justice

The chief justice of the supreme court is elected by voters to serve in that capacity for an eight-year term.[10]

Vacancies

See also: How vacancies are filled in state supreme courts

In the event of a midterm vacancy, the governor appoints a successor to serve until the next general election which is held more than 60 days after the vacancy occurs. The governor must select an appointee from a list of three recommendations provided by the executive committee of the political party with which the vacating justice was affiliated.[11] An election is then held for a full eight-year term.[12][8]

The map below highlights how vacancies are filled in state supreme courts across the country.



See also

North Carolina Judicial Selection More Courts
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Courts in North Carolina
North Carolina Court of Appeals
North Carolina Supreme Court
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Gubernatorial appointments
Judicial selection in North Carolina
Federal courts
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External links

Footnotes